Bonum Certa Men Certa

Patent Troll Uses Software Patents to Attack Free Software Hosting

Troll picks cows



Summary: Github comes under patent attacks as debates about US patent law intensify

THE past few weeks have been rather crazy on the patents front and as scholarly work in the area gains traction we just know that this whole debate is important; it helps determine winners and losers.

Free software took a hit when some parasites attacked Rackspace over Github. As LWN put it, "Personalweb Technologies and Level 3 Communications have filed a lawsuit [PDF] against Rackspace, alleging that Rackspace's hosting of GitHub infringes upon a long list of software patents."

Here are the patents in question and a response from Rackspace which calls the attackers "patent trolls": "Rackspace has been subjected to yet another patent lawsuit by a patent troll looking for a settlement. In this case, the plaintiff is called PersonalWeb Technologies. This particular lawsuit is not much different than the others, except that it highlights why software patent litigation suppresses innovation, and why Congress and the courts need to improve the system. If it wasn’t such a serious issue we might want to laugh at the irony of it all.

“Well, PersonalWeb is adding to its ridiculous legacy by suing Rackspace as well, though as the complaint makes clear (pdf), PersonalWeb seems mighty confused about what it's suing over.”
      --Rackspace
"To explain, this suit claims that Rackspace infringes the PersonalWeb patents “by its manufacture, use, sale, importation, and/or offer for sale of the following products and services within the PersonalWeb Patent Field: Rackspace Cloud Servers and GitHub Code Hosting Service.” It’s apparent that the people filing the suit don’t understand the technology or the products enough to realize that Rackspace Cloud Servers and GitHub are completely different products from different companies. By now, it’s widely known that GitHub is hosted at Rackspace, but beyond that, there is no other connection between the two."

TechDirt pokes fun at the troll: "Last year, we wrote about the somewhat random confluence of events that brought together two ex-file sharing industry execs (one associated with Kazaa and the other with Morpheus) and made them extreme patent trolls, suing a ton of internet companies under the ridiculous brand "PersonalWeb." Well, PersonalWeb is adding to its ridiculous legacy by suing Rackspace as well, though as the complaint makes clear (pdf), PersonalWeb seems mighty confused about what it's suing over."

As we showed before, trolls favour software patents; it is why they are so common in the United States. Professor Lemley has an idea for closing the loophole: "In broad terms, functional claiming refers to writing patent claims that cover the broader function enabled by an invention rather than writing claims to the specific embodiment developed or contemplated by the inventor. In other words, instead of erecting a signpost that points others directly to the invention, functional claiming is akin to building a wide fence to surround the invention in an attempt to claim as much territory as possible. Lemley gives us the colorful example of the Wright brothers to illustrate both how functional claiming works and how it can cause problems/"

“As one expert noted in the Times story, patents “are supposed to be an incentive for innovation.” That’s not the way they’re working in the smartphone wars.”
      --Rob Tiller
The OSI's head Mr. Phipps says that this "paper from legal researcher suggests a fix for the software patent mess has been lurking in the statute all this time" and Red Hat's Rob Tiller uses the recent blow to Android to make his point. To quote: "Does the Apple-Samsung case have a silver lining? For the open source community, the large damages verdict is disturbing, but at least it is drawing public attention to some of the deep problems of our patent system. This week the New York Times ran a front page story on the jury’s verdict that said, “The case underscores how dysfunctional the patent system has become.”

"The definition of “dysfunctional” is relating to “abnormal or impaired functioning.” (Merriam Webster) The word fits well here. As one expert noted in the Times story, patents “are supposed to be an incentive for innovation.” That’s not the way they’re working in the smartphone wars. Instead, entrenched players are using them to tax competitors, or even to block them from the market. To the extent patents block competitors and reduce competition, innovation is likely to suffer."

Even the FT is displeased with US patent law. Time to end software patents; with that, many patent trolls will also be eliminated. If companies like Apple can get their way using patents alone, then we simply cannot ignore the matter.

Recent Techrights' Posts

Microsofters Targeting the Wife of the Critic of Microsoft
false claims and loaded statement
Microsoft a Top Sponsor at Red Hat Summit (IBM Selling Proprietary Spyware and Back Doors in a "Red" Trench Coat)
They both work for Microsoft
New 'Interview' With - or Talk Coverage of - Richard Stallman in the European Union
automated English translation
Gemini Links 20/05/2025: LLM Scraper Bots in Gopher and "Starmer and the Somewheres"
Links for the day
 
Links 20/05/2025: Biden's Cancer, GDPR Changes, and UK Defamation Cases (or SLAPPs) Fail Again
Links for the day
Links 20/05/2025: "Bankrupt 23andMe Just Sold Off All Your DNA Data" and "Free Speech Warriors" MIA
Links for the day
Openwashing of Windows, Back Doors, Persistent Surveillance, Keyloggers, Screen Loggers, DRM and So On
WSL is not "Linux", it's Windows
IBM Mass Redundancies Likely This Coming Thursday
We're not in a position to judge if that's true or false
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 19, 2025
IRC logs for Monday, May 19, 2025
Skype Fell Off a Cliff (Microsoft Killed It), All Microsoft Has Left Now is Slop and Spaghetti Code
"This isn’t about AI. This is a puppet show to drive stock prices up and down."
The Official SUSE Blog Uses LLM Slop to Compose Fake Articles Promoting Microsoft and Azure
even a little slop spoils the broth
Slopfarms (Machine-Generated Fake News Sites Authored by Bots With Slop Images) Spread GNU FUD
This isn't about Linux (GNU doesn't run just on Linux)
United States Federal Government's Digital Analytics Program (DAP): GNU/Linux Users Represent Close to 6% of Visitors This Year
How far has GNU/Linux gotten? Very far!
The "LLM Ouroboros of Shit" is Complemented by Even Worse Phenomena Caused by Microsoft's Contribution of SPAM and Pollution
Microsoft became a world leader in promotion of LLM slop
The LLM Ouroboros Phenomenon
Fact #1: over time slop gets worse (training set is like some blurry JPEG). Fact #2: People's "smell" for slop improves over time, as they 'train' on slop and can detect it based on prior encounters. Put 1 and 2 together.
Links 19/05/2025: Charges of Blackmailing Over Son Heung-min, Chad Opposition Leader Detained
Links for the day
Gemini Links 19/05/2025: Ableism, Silicon Monkeys, and More
Links for the day
How We Defeated DDoS Attacks
One of the best things one can do is migrate to an SSG
Microsofters Issuing Threats to Microsoft Critics Who Blog About Microsoft
So far we see that their "legal strategy" revolves around trying to discredit people like Theodore Ts'o
Links 19/05/2025: Political Catchup and CISA Advisories
Links for the day
TheLayoff.com Has Begun Deleting Trolls/AstroTurfers Infesting the IBM Section to Discourage On-Topic Discussion About Culls and Maladministration (Bad Strategy)
Moderators have realised there's a problem
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 18, 2025
IRC logs for Sunday, May 18, 2025
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025